Rental Housing Act, NAA anticipates
interest in rent control policy to keep pace
as housing affordability remains a priority
concern across the nation.
RESIDENT SCREENING
Resident screening continues to be
an issue of concern, as more states and
localities consider legislation that restricts
housing providers from evaluating
the criminal and eviction records of
applicants in the screening process.
One of the most oppressive examples is
Seattle’s Fair Chance Housing law which
prevents property owners from evaluating
applicants’ criminal history at all, except
in very limited circumstances, such as sex
offenses. Screening mandates interfere
with owners and operators’ ability to
protect their residents and staffs, and
increase their risk for legal liability, either
through tort or fair housing litigation.
Last year, 51 bills related to criminal
screening were introduced at the state
level, while 14 bills related to eviction
screening were considered. In 2019, there
are already 15 resident screening bills in
total being considered. Additionally, NAA
anticipates a steady stream of action at the
local level in particular, given the level of
interest in 2018.
SOURCE OF INCOME
In a self-defeating effort to combat
affordability challenges, federal, state
and local policymakers are proposing
legislation that would make “source of
income” a protected class under fair
housing laws. These proposals essentially
make it illegal for a private owner to
refuse to rent to a Section 8 voucher
holder. When source of income legislation
is considered, proponents ignore the
significant challenges that apartment
owners and operators face in participating
in the Section 8 Housing Choice Voucher
Program. The program is constrained by
inefficiencies and duplicative requirements,
which may be prohibitive or discourage
owners and operators in the private
market from participating.
Last year, states considered 53 source
of income bills, in addition to numerous
localities. Of note, Washington state,
Boulder and Denver, Co., and San Diego
and several localities near Marin, Calif.
adopted source of income protections in
their fair housing laws. Given the number
of laws enacted last year alone, NAA
anticipates similar or increased growth in
interest in 2019.
Related to SOI, it’s worth noting
that last year HUD released two studies
that focused on a handful of cities across
the country and suggested that many
apartment owners refuse to take Section 8
vouchers. You should be aware that these
studies may have an effect on interest in
legislation locally. In 2018, HUD also
engaged in landlord listening sessions all
around the country to better understand
owners’ concerns about the program
that interfere with participation. Given
the interest in this issue at all levels of
government, NAA established a Section 8
Working Group, to come to a consensus
on concerns and reform suggestions. NAA
is vetting these suggestions through the
association’s governance process and look
forward to sharing our findings with all of
you.
EMOTIONAL SUPPORT
ANIMALS
There are now 30 states that
criminalize misrepresenting oneself
as requiring a service animal or
misrepresenting a person’s pet as a
service animal. Some of these state laws
are applicable to the broader category
of assistance animals (which would
www.aamdhq.org
include emotional support animals).
Both approaches have been used to deter
applicants or residents from requesting
reasonable accommodations for animals
under false pretenses.
Also to curtail abuse, some of these
laws create criminal penalties for providers
who make documentation available for
purchase under false pretenses and/or
make the requirements at the state level
more stringent to request a reasonable
accommodation for an animal. It’s worth
noting that 1/3 of the state laws now on
the books were enacted in 2018. NAA
anticipates similar interest in legislation
in 2019. 14 bills have been introduced in
state legislatures this year as of this writing.
MARIJUANA
Marijuana remained a hot issue in
2018. Three states voted favorably for the
legalization of marijuana, either medically
or recreationally on the November
2018 ballot. Michigan voted to legalize
recreational marijuana, while Utah and
Missouri voted to legalize marijuana
for medical purposes. These laws have
consequences for apartment owners as
housing providers develop and revise their
policies relating marijuana use by residents
and employees on community property.
Laws that allow home cultivation for
medical marijuana users are a point of
contention. These laws also create challenges
for apartment owners and operators that
participate in HUD programs or receive
federal funding as marijuana remains illegal
at the federal level.
NAA continues to monitor this issue
because it could be an issue of concern
this year. Regardless, it is highly likely that
more states will consider marijuana ballot
measures in the 2020 election cycle.
Your Government Affairs team is
monitoring and taking action on a high
volume of bills at the state level, assisting
on several proposals at the federal level
and working with our local lobbying team
on handfuls of local government issues.
For more information, contact Nancy
Burke, Vice President of Government
Affairs at [email protected] or Destiny
Bossert, government affairs manager at
[email protected]
MARCH 2019
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